A 'Shocking' Claim Of Design Defect

Law360, New York (March 26, 2012, 1:32 PM EDT) -- Today we bring you a split decision tossing out a failure-to-warn claim because the doctor didn’t read the warnings at all, but allowing the plaintiff to continue on his design defect claim, despite the doctor having done exactly what the warning warned against.

Makes us think of that song from Mary Poppins — a spoonful of sugar makes the medicine go down. Well, we’re still gagging a bit on the design defect decision, but at least the dismissal of the failure-to-warn claim is helping to satisfy...